Foothill changes prom-court system after ACLU complaint

Hayley Lack is petitioning Foothill High School to reverse its denial of Lack and her girlfriend from being allowed to participate as a couple in the prom court.(Photo: Andreas Fuhrmann/Record Searchlight)Buy Photo

Foothill High School will now elect "prom royalty" instead of a prom king and queen after the American Civil Liberties Union complained that the Palo Cedro school's nomination system prevented a lesbian couple from being able to win together.

Shasta Union High School District Superintendent Jim Cloney said the school's top six initial vote-getters for prom will be eligible for the win, and whichever two get the most final votes will be crowned royalty, regardless of gender.

"As this is a student driven activity, this will give the students a chance to choose the representatives from those nominated," Cloney said in an email.

The ACLU said it considers the school district's decision a "victory," though attorney Elizabeth Gill said it's still troubling that her organization had to intervene in the first place.

"It was surprising to us that we needed to write a letter in this instance, just because California law is so clear," she said. "I think for most schools, that they recognized that once it became clear that you need to allow (same-sex couples) to come to the prom together, that it also became clear to most schools that you need to allow those couples to run for prom royalty as well. It's disappointing that we're seeing this in California, just given the strength of our protections under state law for LGBT students. ... We haven't had these complaints for several years, and the last place we had to litigate this was Mississippi."

The issue came up after senior Hayley Lack, 16, wanted to change the voting system so that she and her girlfriend could potentially experience the win together. The school's policy before was to crown the top boy and top girl king and queen, meaning a same-sex couple would not be able to win together.

Principal Jim Bartow has said that his initial decision to keep the nominations boy-girl was out of fairness to both sexes.

But the ACLU got involved earlier this week and demanded the school amend its "plainly illegal" stance by Tuesday, since prom is Saturday.

“I am thankful for the ACLU ... backing me and my girlfriend,” Lack said in a message.

In response to the ACLU's letter, attorney Anne L. Collins wrote:

"We are unaware of any school policy or other facts to indicate that Ms. Lack and her date are being denied their right to attend the FHS prom as a couple or that FHS is denying Ms. Lack her nomination for prom king. The district supports all of its students and encourages them to participate in school events regardless of gender identity or sexual orientation. Any statements made that suggest the exclusion of Ms. Lack from being a candidate for prom king due to her gender are contrary to district policy and not reflective of what the superintendent has directed to happen."